HomeMy WebLinkAbout2138 09-27-2016 ORDINANCE NO. 2138
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF EULESS, TEXAS, CHAPTER 30, "FEES," BY ADDING
SECTION 30-26, "CREDIT ACCESS BUSINESSES," PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR FAILURE TO PAY REQUIRED FEE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Euless is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, certain credit access businesses engage in abusive and predatory
lending practices, offering easy money to those members of our community who are in
a tight spot with onerous terms and fees; and
WHEREAS, the City of Euless City Council adopted an Ordinance requiring the
registration of Credit Access Businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
Chapter 30, "Fees," of the City of Euless, Texas Code of Ordinances is hereby
amended by adding Section 30-26, "Credit Access Businesses", to hereafter be and
read as follows:
Section 30-26. Credit Access Businesses.
Certificate of Registration $25.00
SECTION 2.
CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of
the City Code and other ordinances of the City of Euless, Texas, except where the
provisions of this ordinance are in direct conflict with the provisions of other ordinances,
in which event the conflicting provisions of the other ordinances are hereby repealed.
SECTION 3.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 4.
PENALTY FOR VIOLATION. It shall be a violation of this ordinance to conduct
any activity or commence any use for which payment of a fee is required under Chapter
30 of the Code of Ordinances until such fee has been paid. Any person, firm, or
corporation violating any of the terms and provisions of this ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with
Chapter 1, "General Provisions," Section 1-12, "General Penalty," Euless Code of
Ordinances. Each such violation shall be deemed a separate offense and shall be
punishable as such hereunder.
SECTION 5.
SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly
saved as to any and all violations of the provisions of any ordinances affecting the
payment of fees required to conduct activities or uses within the City which have
accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 6.
PUBLICATION CLAUSE. The caption, penalty clause, and effective date clause
of this ordinance shall be published in a newspaper of general circulation in the City of
Euless, in compliance with the provisions of Article II, Section 12, of the Euless City
Charter. Further, this ordinance may be published in pamphlet form and shall be
admissible in such form in any court, as provided by law.
SECTION 7.
EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after
its passage and publication as required by law, and it is so ordained.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on September 27, 2016, by a vote of 7 ayes
o nays and 0 abstentions.
Ordinance No. 2138, Page 2 of 3
APPROVED:
ARV "Akzi
Li .4a artin, Mayw r
ATTEST:
Kim •utter, TRMC, City Secretary
APPROVED AS TO FORM:
(40t
Wayne K. Olson, City Attorney
Ordinance No. 2138, Page 3 of 3